New York Produce Exchange Bank v. Twelfth Ward Bank

Majority

p. 659

New York Produce Exchange Bank, Respondent, v. Twelfth Ward Bank of the City of New York, Appellant.

Headnote

N. Y Produce Exchange Bank v. Twelfth Ward Bank of City of New York, 144 App. Div. 896 , reversed.

(Argued December 4, 1913;

decided December 31, 1913.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 11, 1911, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court in an action to recover money alleged to have been paid under a mistake of fact.

p. 660

Otto C. Sommerich and Maxwell C. Katz for appellant..

James E. Kelly for respondent.

Judgment reversed and new trial granted, costs to abide event, on the ground that there was a question of fact for the jury whether the check described in the pleading was a forgery or a ñlled-in check; no opinion.

Concur : Cullen, Ch. J., Haight, Vann, Willard Bartlett, Hiscock, Chase and Collin, JJ.